West Virginia Lie Detector Tests: What you need to know

State law prohibits employers from requiring or requesting that any employee or prospective employee submit to a “psychophysiological detection of deception examination,” lie detector, or other similar examination utilizing mechanical or electronic measures of physiological reactions to evaluate truthfulness (WV Stat. Sec. 21-5-5b). “Psychophysiological detection of deception instrument” means an instrument used for the detection of deception that records permanently and simultaneously a person's cardiovascular and respiratory patterns and galvanic skin response.

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Out-of-state tests. Employers may not knowingly allow the results of any examination administered outside this state to be utilized for the purpose of determining whether to employ a prospective employee or to continue the employment of an employee in the state.

Exceptions. The rule prohibiting psychophysiological detection of deception examinations and lie detector tests does not apply to employees or prospective employees who would have direct access to the manufacture, storage, distribution, or sale of specified controlled substances, or to law enforcement agencies or military forces of the state. Examinations conducted with public law enforcement officers and drug company employees may be used only for the purpose of deciding whether to employ (or continue to employ) the test subject. All other uses are prohibited.

Record retention is complex and time consuming. However, in addition to complying with various federal and state laws, keeping good, well-organized records can be very helpful in documenting and supporting an organization’s employment actions.
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This special report will discuss how you can ensure your records are in good order, and establish a record-retention policy.